The Justice Department is asking for quick action on its appeal of a Florida judge's decision that declared the health overhaul unconstitutional.
Politico: Justice Department: Speed Up Health Care Case
The Obama administration has asked the 11th Circuit Court of Appeals to expedite consideration of the health care reform law — the second step in a process set in motion by U.S. District Judge Roger Vinson (Haberkorn, 3/10).
National Journal: Hurry Appeal, Administration Tells Florida Court
The Obama administration has asked a Florida court to hurry up and decide on its appeal of an order that declared the health care law unconstitutional. The Justice Department filed a motion in the 11th Circuit Court of Appeals for an expedited review of the administration's appeal, filed on Tuesday. The department says it has also sought expedited appellate review of rulings made in the 4th Circuit in Virginia and the 6th Circuit in Michigan. U.S. District Judge Roger Vinson ruled on January 31 that the mandate requiring just about everyone to buy health insurance was unconstitutional, which made the entire law unworkable. The case was brought by 26 states. The Obama administration asked Vinson to clarify what he meant, and he did last week, ordering a stay of his ruling and giving the government seven days to appeal. The administration did so on Tuesday afternoon (Fox, 3/9).
CQ HealthBeat: Government Asks For Expedited Action From Courts In Health Care Lawsuit Filed By States
Oral arguments before appeals court judges in the lawsuit filed by 26 states challenging the health care overhaul law could come as early as this summer, if a court approves a request the Department of Justice made Wednesday that the case be expedited. Government lawyers asked that the Court of Appeals for the 11th Circuit expedite its consideration of a ruling by Federal District Court Judge Roger Vinson that the entire law is unconstitutional. In an order last week, Vinson allowed the law's implementation to continue but told the government in a sternly worded order that it had to move more quickly to get the case to its expected eventual destination at the Supreme Court (Norman, 3/9).
Modern Healthcare: Feds Seek Quick Review Of Fla. Judge's Ruling
The U.S. Justice Department has asked for expedited review of a judge's decision that the entire Patient Protection and Affordable Care Act is void because the provision requiring individuals to buy health insurance is unconstitutional. U.S. District Judge Roger Vinson in Pensacola, Fla., last week responded to a request for clarification of his sweeping Jan. 31 opinion with a combative order reiterating that it should be taken as the "functional equivalent of an injunction," blocking further implementation of the law. Vinson added, however, that he would stay the ruling pending the outcome of the appeals process as long as the Obama administration pursued expedited review from the U.S. Supreme Court or the circuit court, which the Justice Department's latest filing aims to satisfy (Blesch, 3/9).